Marta Rios worked for five years as a nanny for an upper middle class family in the Village. But last summer, the Colombian native was let go without any notice after the family decided they no longer needed her to take care of their two children since they would be starting school soon.
“They used me,” said Rios, 55, from Briarwood. “I am not an object to be used.”
On July 1, New York became the first state in the U.S. to pass a bill of rights for domestic workers like Rios guaranteeing them a set work week, three paid holidays after a year of work, overtime wages and protection against sexual harassment.
“These are the common things that most of us appreciate and take for granted,” said State Senator Jose Peralta. “This is the kind of rights domestic workers never had.”
The legislation went into effect immediately after Governor David Patterson signed it. The new law would protect more than 200,000 nannies, housekeepers and companions for the elderly in the metropolitan area, including undocumented workers.
Thirty-three percent of domestic workers have reported verbal and physical abuse, and only 10 percent receive health insurance, according to Domestic Workers United (DWU), an organization of Caribbean, Latina and African nannies, housekeepers, and elderly caregivers in New York.
“It is going to be a protection,” said Rios, a member of DWU. “Now they are going to have to think twice about committing any abuses.”
Rios said she worked seven days a week and got paid up to $14 an hour for taking care of her former employers’ children, cleaning, cooking and walking their dog.
“I was in a honeymoon compared to my counterparts,” Rios said. “If they took a vacation, that’s when I would get some rest.”
Political Scientist Alyson M. Cole from Queens College said the law is an official recognition that domestic workers have rights, regardless of their immigration status, and it creates guidelines for employers to follow.
“While accounts like ‘The Nanny Diaries’ demonized employers, many mothers seem to want to ‘do the right thing,’” Professor Cole said. “This legislation helps define good employment practices for employers as well.”
Rios, who was a babysitter for 12 years, hasn’t had a steady job since she was let go and began speaking out about rights for domestic workers. She is now looking for work as a home attendant. But she doesn’t regret fighting for what she calls ‘global justice.’
“We have to take this campaign to other states,” Rios said.
Groups in California and Colorado are now eyeing similar legislation.
“I am glad New York was the first to do it,” Peralta said. “We have been falling behind in many progressive issues like marriage. I am very proud to be part of history.”
